Background
Charles Schiavo filed separate civil actions in Delaware Superior Court against TD Bank USA National Association and Clover Network, LLC. The two cases — docketed as N24C-07-135 and N24C-08-107 — were filed in mid-2024 and consolidated on appeal. The Superior Court issued opinions in both matters on July 28, 2025, ruling in favor of the defendants.
Schiavo appealed to the Delaware Supreme Court. In connection with the appeal, he moved to supplement the record with audio recordings of the proceedings below and separately requested oral argument before the Supreme Court.
The Court’s Holding
The Delaware Supreme Court affirmed the Superior Court’s judgments in both cases, finding the result evident on the briefs and record and adopting the reasoning set forth in the Superior Court’s July 28, 2025 opinions. The Court declined to conduct independent review of the audio recordings, reiterating that the record on appeal consists of original papers, documentary exhibits, and the certified written transcript — not audio recordings.
The Court also denied Schiavo’s motion for oral argument, exercising its discretion under Delaware Supreme Court Rule 16(a) to dispense with argument where the parties’ briefs adequately presented the relevant facts and legal arguments. As to any alleged errors in the prepared transcripts, the Court noted that Schiavo had not requested transcripts below, and that under Parker v. State, 205 A.2d 531 (Del. 1964), the Superior Court — not the Supreme Court — retains sole authority to review transcripts for accuracy.
Key Takeaways
- The Delaware Supreme Court affirmed dismissal of claims against both TD Bank USA National Association and Clover Network, LLC, adopting the Superior Court’s reasoning without issuing a separate merits analysis.
- Audio recordings of trial court proceedings are not part of the record on appeal under Delaware Supreme Court Rules 9(a) and (b); only original papers, documentary exhibits, and the certified written transcript qualify.
- A party who believes the official trial transcript contains errors must raise that challenge in the Superior Court — the Supreme Court has no authority to conduct hearings or otherwise assess transcript accuracy.
- Oral argument before the Delaware Supreme Court is granted at the Court’s discretion under Rule 16(a) and may be denied when the briefs sufficiently frame the issues.
Why It Matters
This order reinforces well-settled Delaware appellate practice on two procedural points that practitioners sometimes contest: the scope of the record on appeal and the Court’s discretion over oral argument. Litigants who rely on audio recordings as a check on written transcripts should be aware that such recordings carry no weight before the Supreme Court, and that transcript disputes must be resolved at the trial court level before an appeal is perfected.
Because the Supreme Court resolved the appeal by order rather than a written opinion, the substantive merits of Schiavo’s claims against TD Bank and Clover Network remain governed solely by the Superior Court’s July 28, 2025 decisions. Attorneys litigating consumer or commercial claims against banks and payment processors in Delaware should consult those underlying opinions for the dispositive legal analysis.